Supreme Court Annual Digest 2021-Part 1 [Citations 1 To 250]

As the end of year 2021 is nearing, LiveLaw brings to you an yearly Round-up of Supreme Court judgments. This yearly digest includes 765 orders and judgments, listed in the order of LiveLaw citation index.Due to the bulky size of the digest, it is being published in three parts. This part covers citations from 1 to 250. Part two will cover citations from 250 to 500 and part three will cover citations from 500 to 765. Part 2 can be read here. Part 3 can be read here. 1. Supreme Court Upholds Centre's Plan For The Central Vista Project by 2:1 Majority, Justice Khanna Dissents [Case: Rajeev Suri v. DDA & Ors.; Citation: LL 2021 SC 1] The Supreme Court upheld the Central Government's plan for construction of the Central Vista project and the government's proposal to construct a new Parliament in Lutyen's Delhi. A Bench of Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna pronounced the judgement, with Justices Khanwilkar and Maheshwari forming the majority, and with Justice Khanna pronouncing a separate judgement. "We cannot be called upon to govern. For, we have no wherewithal or prowess and expertise in that regard," remarked the Judges in majority. Justice Khanna on the other hand expressed dissent on the aspects of public participation on interpretation of the statutory provisions, failure to take prior approval of the Heritage Conservation Committee and the order passed by the Expert Appraisal Committee. Also Read: Central Vista- Lack Of Public Consultation, No Approval From HCC, Non Speaking Order Granting Environment Clearance: Justice Sanjiv Khanna In His Dissent Also Read: 'We Cannot Be Called Upon To Govern. For We Have No Wherewithal or Prowess And Expertise In That Regard': Supreme Court In Central Vista Case 2. Absolute Devotion, Integrity And Honesty Is A Sine Qua Non For Every Bank Employee: Supreme Court Upholds Dismissal Of A Bank Clerk [Case: Deputy General Manager (Appellate Authority) & Ors. v. Ajai Kumar Srivastava; Citation: LL 2021 SC 2] In banking business absolute devotion, integrity and honesty is a sine qua non for every bank employee, observed a bench comprising Justices L. Nageswara Rao, Hemant Gupta and Ajay Rastogi while upholding dismissal of a bank employee. Access full report to read observations regarding power of judicial review in the matter of disciplinary proceedings 3. Motor Accident Compensation- Future Prospects Can Be Granted Even In Cases Pertaining To Notional Income: Supreme Court [Case: Kirti v. Oriental Insurance Company Ltd.; Citation: LL 2021 SC 3] A bench comprising Justices NV Ramana, S. Abdul Nazeer and Surya Kant held that future prospects can be granted even in cases pertaining to notional income. The court observed thus while disposing an appeal arising out of Motor Accident Compensation Claim filed by heirs of a deceased couple who died in an accident. In this case, the Motor Accident Claims Tribunal awarded a total sum of Rs 40.71 lakhs for both deceased to the claimants. Partly allowing the appeal filed by Insurance Company, the High Court reversed the addition of future prospects. Also Read: Conception That House Makers Do Not "Work" Or That They Do Not Add Economic Value To The Household Is A Problematic Idea Also Read: Advocates Cannot Throwaway Legal Rights Or Enter Into Arrangements Contrary To Law 4. Governing Body Of College Is The Proper Authority To Appoint Administrative Staffs Of A College [Case: Chairperson Governing Body Daulat Ram College v. Dr. Asha; Citation: LL 2021 SC 4] A bench comprising Justice Ashok Bhushan and Justice M.R. Shah observed that it is the Governing Body of a College which has the authority to appoint the administrative staffs of a College. "The Principal, however, who is entrusted the over all internal administration of the College is a person who knows all the staff of the College and his/her recommendation with regard to appointment of Warden of the College Hostel is to carry weight. The Governing Body while making appointment of Warden of the College Hostel has to give due weight to the recommendation of Principal", the Court observed. 5. Acceptance Of A Conditional Offer With A Further Condition Does Not Result In A Concluded Contract [Case: M/s. Padia Timber Company(P) Ltd. v. Board of Trustees of Visakhapatnam Port Trust; Citation: LL 2021 SC 5] When the acceptor puts in a new condition while accepting the contract already signed by the proposer, the contract is not complete until the proposer accepts that condition, a bench comprising Justices Navin Sinha and Indira Banerjee observed. "It is a cardinal principle of the law of contract that the offer and acceptance of an offer must be absolute. It can give no room for doubt. The offer and acceptance must be based or founded on three components, that is, certainty, commitment and communication. However, when the acceptor puts in ...

Supreme Court Annual Digest 2021-Part 1 [Citations 1 To 250]

Akshita Saxena

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